Defamation Claims against Corporations

Whan a Plaintiff claims defamation against a corporation, defamation is described the same way as if the claim was against a person. Defamation is generally defined as an unprivileged publication of false statements to a third-party that naturally and proximately result in an injury to another. See Hoch v. Loren, 273 So.3d 56 (Fla. 4th DCA 2019).  The critical question often is whether there was in fact dissemination of a false statement to a third-party and what defines a third-party.  In the case of corporations, it is much more nuanced as to who is defined as a third-party. 

Florida courts have found that publication does not occur when involving communication between one management employee to another management employee. See Hoch at 57.  Those who run the corporation, when they communicate, are treated as one unit, not as individuals.  If the President of the corporation tells the Vice President something regarding another individual or corporation, that is not considered a third-party communication. However, if the President of a Corporation told a non-employee friend at dinner, it would be a third-party communication. 

Additionally, communication to the person regarding something that they may feel is defaming is also not defamation. When an individual receives a violation notice or other correspondence about themselves, unless it is being published to others, it is not communication to a third- party and thus would not establish a prima facie case of defamation.